Legal Question in Elder Law in Florida

Dpoa - urgent please

My mom has Alzheimer's and can still make some decisions for herself but is not able to keep track of bills, writing, signing checks, etc. My name has been on her bank account for about 6 mnths so I could sign checks and take care of her bills for her. I have been my Mom's only caregiver for 17 yrs.

My sister questioned my ability to have Mom's best interest in mind and took it upon herself to take her to the bank, open a new account with HER name on it and transfer funds from the previous account to it. Mom was confused but trusted her daughter was doing the right thing.

After finding this out I immediately got DPOA (Mom was VERY lucid when signing), and brought it to the bank. Now the bank is questioning who has Mom's best interest in mind! They put a hold on BOTH accounts and said they would have their legal department go over the DPOA (I used Quicken..updates for Florida and had it witnessed and notarized.) Mom has no assets and only her SS check and VA check has been going in her account.

How long can the bank hold her money hostage??? They wouldn't even let just her withdraw any money until they checked with their legal person (who was out of the office.)

Can they legally discount the DPOA

if it's legit?


Asked on 9/04/07, 8:29 pm

2 Answers from Attorneys
Johm Smith tom's

Re: Dpoa - urgent please

From the bank's perspective, you and your sister are possibly trying to take your mother's money before she stops needing it; so anything is possible. You may end up in court if you don't get this worked out amongst yourselves, like having an attorney look out for your mother's best interest...which is what a judge might make happen.

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Answered on 9/04/07, 11:19 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Dpoa - urgent please

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Yes the bank can place a hold or freeze on the monies in both accounts. It is clear to the bank that there is a dispute between both children and the bank is caught in the middle. If their legal department is unable to make a determination as to which party is correct, and it likely will not be able to, it will probably require a court order for the accounts to be returned to mom. The bank is acting to protect mom from either of you abusing her and/or her assets. If the two of you cannot agree, the court may appoint a third party to look after your mom.

Scott R. Jay, Esq.

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Answered on 9/05/07, 12:09 am


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